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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44958
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am an agency HGV driver and sometimes my shift is

Customer Question

Hello
I am an agency HGV driver and sometimes my shift is cancelled. I accept this as part of agency work, but recently they have been cancelled with very short notice, once when I was walking out of the house to go to work (25minutes). I think this is morally wrong. Where do I stand for payment? Is there a contract (verbal) between me and the agency where I should get paid? Sometimes it happens 3 times a week leaving very little hours to be paid.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have a contract which says anything about when a shift can be cancelled?
Customer: replied 1 year ago.
No.
Customer: replied 1 year ago.
at least I don't think so. I could go to the agency and request any papers. Do you think that would be wise?
Expert:  Ben Jones replied 1 year ago.
Your rights in these circumstances will very much depend on what your contractual arrangements are. The law will not give you automatic protection here – there is nothing you can refer to which states you must be paid for a shift or get a cancellation payment if your shift has been cancelled on short notice. As an agency worker you will not have any guarantees hours of work so you cannot claim that you are automatically entitled to payment for shifts booked on. In fact there is a similar position with zero hours contracts which can be cancelled at very short, or even no notice. This happens and it is not unlawful, it has been discussed here http://www.theguardian.com/uk-news/2013/nov/25/zero-hours-contract-workers-shifts-cancelled So in the absence of anything in the contract which says you would receive compensation for short notice cancellations, you cannot force the employer to pay you anything. That is unfortunately the nature of agency work. You could certainly ask the agency to give you any documents they have in relation to your employment - you have the right to see these in any event so I don't see it as being unwise. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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